The Second Department Finds No Waiver of Contract Rights
- Jun 13 2025
By: Jonathan H. Freiberger Generally speaking, a party is bound by the terms of a contract[1] to which it is a party. Wu v. Uber Technologies, Inc., 2024 WL 4874383 …
Category: Commercial Litigation
Issues of Fact Preclude Summary Judgment In lieu of Complaint
- Jun 11 2025
By: Jeffrey M. Haber This Blog has written about the process known as “summary judgment in lieu of a complaint” on several occasions.[1] The process, codified in CPLR 3213, is a …
Statute of Limitations: Accrual for Breach of Fiduciary Duty Claims
- Jun 9 2025
By: Jeffrey M. Haber In New York, litigants often grapple with the appropriate limitation period to apply to breach of fiduciary claims. There is no single statute of limitations that the …
The First Department Finds No Spoliation Because Roof Repairs were Not Made In Bad Faith, But to Mitigate Damages
- Jun 6 2025
By: Jonathan H. Freiberger Discovery, an important part of the litigation process, enables litigants to collect information to assist in the prosecution and defense of a case. Section 3101 of …
Fraud Notes: Statute of Limitations and the Failure to Plead The Elements of a Fraud Claim
- Jun 2 2025
By: Jeffrey M. Haber In today’s Fraud Notes, we examine Yudkin v. Evergreen Terrace 888 Corp., 2025 NY Slip Op 03223 (2d Dept. May 28, 2025) (here), and Lapin v. Verner, …
Second Department Holds that Defendant Waived Right to Vacate a Foreclosure Sale Not Held Within 90 Days of Judgment of Foreclosure and Sale
- May 30 2025
By: Jonathan H. Freiberger In today’s Blog, we revisit the requirement in RPAPL 1351(1) that a foreclosure sale occur within 90 days of the date of the judgment of foreclosure …
Fraud and the Assignment of Lottery Winnings
- May 26 2025
By: Jeffrey M. Haber A claim for fraud requires “a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable reliance by the plaintiff and damages.”[1] …
Licorice Sticks and New York’s General Business Law
- May 21 2025
By: Jeffrey M. Haber In Libman v. Hershey Co., 2025 N.Y. Slip Op. 31769(U), (Sup. Ct., N.Y. County May 5, 2025) (here), the motion court was asked to consider whether …
Letter Declaring Contract Void Ab Initio, Demand for The Return of Down Payment, and Commencement of Litigation Constitutes an Anticipatory Breach of Contract
- May 19 2025
By: Jeffrey M. Haber A contract is an agreement between two or more parties to do something (e.g., provide goods or services) in exchange for a benefit. When one or more …
Second Department Holds Foreclosure Sale Still Valid Despite Reversal of Related Judgment of Foreclosure and Sale
- May 16 2025
By: Jonathan H. Freiberger In today’s article, we will discuss Yesmin v. Aliobaba, LLC, an Opinion and Order rendered on May 14, 2025, in which the Appellate Division, Second Department, …
